Daily Republican., 1887-08-02
The ST. EET COMMISSION.
The Opinion OF senator Gray sndS1c. q
Bradford, Esq in Reference to Its
Rights aud Duties.

The following Is an extract OF the
opinion upon the Street and Sewer Com
mission act, given at the instance OF the
directors:
WILMINGTON, DEL, July q, 1887.
To the Board of Directors of the Street
and Sewer Department OF tho City OF
Wilmington:
In compliance with your request we
respectfully submit the following opin.
ion as to the nature aud extent OF your
powers, rights and duties under aud by
virtue of the &C, OF the General Assem-.
bly, of the State OF Delaware, passed
April 20, 1887, and entitled IAN Act In
Relation to the Streets snd Sewers OF
the City of Wilmington"
The opinion then rehearses the pro- |
visions of the oct creating the commits
sion. and says:
The foregoing provisions disclose
clear legislative intent that the authori-
ty and the corresponding duty of said
board with respect to the subjects OF
municipal gov=rnment therein men
toned should be very extensive and
exclusive, 60 far as they should extend,
although not p.enary in the sense of
em mbraciDg the whole authority and
duty of the municipality In relation to
all OF said subjects. And there is moth.
ting In said act inconsist, mt with any OF
the foregoing provisions.
The Jurisdiction and control Of said
board extend to three subjects or
CLASSES OF subjects, viz:
The strsets, squares, lanes, roads
end atleJs OF the city of Wilmington
from building line to bnilding line.
2. The drainage Of said city.
3 Tne removal of ashes, dirt and
other rubbish, incidental to housekeep.
ing within the limits Of said oity.
With respect to the streets, squares,
lance. roAds and alleys Of said city, said
board has, beyond any reasonable
. doubt, power not only to extend or
4 widen the same, ard lay out all neces-
=. sary new streets, SO uaree, lanes, roads
( and alleys within said city, but also to
O regulate, repair and amend the same,
| and 10 do all other acts necessary and
proper for the maintenance of the same
/. at sll times in q condition safe and con.
4 venient for pubic travel and other ap.
n propriate public use. The corporatioE
of Wilmington possessed under It's
charter, at the time of the passage OF
the above Get, ample power to secure
q these desirable epds, and this power
- clearly, has been transferred to and II
a now exclusively possessed by said board
- With this exclusive power there 10 |
- =, orreHponding obligation or duty on thu
~ part OF said board judiciously to exer
"a "a oise 1t for the pubic good, and to de
"a fray tho expense thereof by such mean
nv M as are within It's command.
ne We are also CT opinion that sal
~ board, by reason of the exclusive ma
ture OF Its Jurisdiction, control an
management OF and over the streets
~ squares, lanes, roads and alleys
W said city, has the right to recsive 8
,nr part OF It's revenue. oil feee, rents an
~ ,o other moneys payable on account Of tt
II use or occupation OF the same or an
~. ~ part thereof. Thus, by way OF illus.r
sns sns tlon, the fees heretofore payable to Il
vac vac clerk OF the market for the occupatit
aas .m for market purposes OF spaces In &
As' public street markets, or the right
stand therein, for the sale of produc
belong to said board. Equally 30
board is entitled to the rents from Il
Iul. public wharves o. the end OF publ
'ey, streets
sst- Having thus stated the broad purpo
she and scope of said act, we proceed brief
ing to express our opinion upon certa
ing questions that have been suggested
an reason of it's passage, and have bet
all, pres ented for our consideration.
/. Has said board jurisdiction q,
control over tina pablic lighting Of Il
streets, squares. lance and alleys OF So
,;te city; and is i, under any obligation
loo, defIay the expense OF the erection, ca
NC and lighting OF the pnblic lamps
inc such streets, squares, lanes and alley
,em While nothing 10 contained in "a
the act comforting, in express terms, up
fore said board the power and duty OF su
illumination, Its provisions In relati
to the con..soi and management OF ca
IN board OF all matters connected with
a ~ strests, squares, lanes and alleys nre
,iva broad and comprehensive as In c
litv opinion, to vest s1ch power in and Ii
wv. pose euch duty upon said board.
nall = 10 ene salu ooafd ~ unuu, rnonss ,ha
alarm telegraph system Of said city?
We are OF opinion that 1t is under
ans such obligation.
suit 2 Iss said board entitled to receive |
VS. proceeds of lien claims of the oorpo
u lion Of Wilmington for curbing a
paving the streets OF said city?
In our opinion said board Is 30
snt titled.
.sIy 4 Issa.d board under any obligati
,v,r to collect and remove the garbage u
rtl ofisl OF said city?
In Cur opinion II is not.
s. Has said board q right to cont
-, the appointment or compensation OF
~ aeh chief engineer of the Department
,uy Engineering and Surveying of said eli
I'LL and Is said board under any obligati
TO pay the salaries of the officers of t
ant said department as at present cons
sold tuted"
.ktt "e aEe ,p VI Ip"n ahaaIS 10 he an ..,arad
tho negative.
This is followed by long statemt
10 Of the duties Of the chief engineer q
fon' surveyor, and of the manner in Will
co., ne shall be elected and paid. Tae op
ion then rays:
The foregoing considerations sh
that said board is under no Obligati
'an' 10 nav the salary OF the chief engine
CIV but that this burden rests upon the O
L. Council He is elected by the lat
body. His tenure of office Is who
Q as beyond the control of said boa
pot, Many of his important functions ha
Del. no relation to the subjects over Will
she Jurisdiction OF said board extern
and the salary allowed him by law c.
era the discharge OF most of euoh ful
That lions as well as those duties which
/. q, late to stIeetr, sewers, etc. NO grou
10 furnished ior any presumption Il
the Legislature intended an apporti'
msnt OF his salary, and no means
ling provided by which any judicial tri'
rip nal could make such apportionme
Hence said board is under no oblii
tion with respect to bis salary.
lvsn So, for similar re asons. said board
It be 4, onr on;ninn rnter no obligation
Gil nav the salaries nf the other officers
tas Department OF Engineering q
Surveying, as at present constituted.